Texas Held In Contempt Over Care For Retarded

states in spending for the mentally retarded, Thursday found the state in contempt of court for failing to provide adequate care at institutions for the retarded.

Judge Barefoot Sanders of federal district court ruled in a lawsuit that charged the state with providing inadequate care at the Fort Worth State School for the mentally retarded. The judge said a lack of money had led to problems ranging from abuse of residents to inadequate medical care which ended in deaths.

The ruling probably will mean another round of costly spending for the state. It was similar to a federal ruling that found the state in contempt for continued overcrowding and inadequate conditions in state prisons, which Texas is trying to bring up to standards.

The suit was brought by parents on behalf of their children at the Fort Worth institution. Attorneys for the plaintiffs requested the state triple its $11 million budget for the school. With 364 clients, it is the newest and smallest of the 13 state institutions for the mentally retarded, where most of the 8,000 residents are of school age.

The Fort Worth school was the only one specifically covered in the case. But it is the newest of the 13 and regarded as the best, so the remedies recommended there will affect the entire system, state officials said.

Testimony before Sanders showed the state would need to increase financing for the schools by almost 75 percent just to reach the national average of per diem spending for the mentally retarded in institutions. Sanders, in his ruling, quoted a witness for the stateas saying Texas ranks

``51st out of 50`` states in financial commitments for the mentally retarded.

The original suit was filed in 1971. The ruling Thursday came after a round of hearings from June 29 to July 7 on whether the state was complying with a 1983 settlement of the suit.

Paul Smith, representing parents who joined the suit after the settlement, said: ``Our view is the main problem is lack of resources. It`s pretty clear they`re trying to do the best with what they have. It`s clear there is enough money to make a good start and bring staffing levels up and improve the professional management.``

The court did not specify how much the state would need to spend to remedy the problems at the institutions. Instead, it gave both sides 60 days to come up with a plan that would produce adequate care.

Negotiations are under way for a proposal to present to the court. If no plan is agreed on, Sanders would be able to impose whatever penalties he felt necessary to force state compliance.